Can I get the Affidavit used to get a search warrant of my house?

State vs. Dickenson:  Appellate Division July 5, 2017 Issue:  Can I get the Affidavit used to get a search warrant of my house?  How much discovery is the defendant entitled to at or before the pretrial detention hearing stage? Submitted by New Jersey Criminal Lawyer, Jeffrey Hary. In this case […] Read more »

Supreme Court Taking Up Police Searches of Data Troves Known as Cellphones

Resubmitted by New Jersey Criminal Lawyer, Jeffrey Hark Originally published in the New York Times By Adam Liptak APRIL 27, 2014 Photo A phone collected in the George Zimmerman case in Florida. Arguments will be heard this week on whether searches of cellphones require warrants. Credit Gary W. Green/Reuters WASHINGTON […] Read more »

New Jersey DWI and Aggravated Manslaughter – First Degree Charge

Submitted by New Jersey DWI and Criminal Lawyer, Jeffrey Hark 14-2-3474 State v. Liepe, App. Div. (per curiam) (11 pp.) The serious issue presented in this case is the prosecutor’s decision to charge an individual with aggravated manslaughter, a first degree charge exposing the defendant to a possible jail term […] Read more »

A Dragnet at Dewey & LeBoeuf Snares a Minnow

Originally published by the New York Times Zachary Warren, center, after his arraignment this month at Manhattan Criminal Court, with his mother, Christie Warren. Credit Carlo Allegri/Reuters “You’ve been indicted,” an assistant Manhattan district attorney, Peirce Moser, told Zachary Warren, a 29-year-old magna cum laude graduate of Georgetown Law School […] Read more »

Prior Traffic Convictions and Pre-Trial Intervention (PTI)

State v. Sharp, App. Div.       New Jersey’s Appellate Division recently agreed with a County prosecutor’s office that prior traffic convictions for Driving while Suspended is a correct reason to deny someone from the county’s PTI program.  Mr. Sharp applied for PTI at the county level after he was indicted […] Read more »

EFFECTIVE CRIMINAL DEFENSE: LEGAL MALPRACTICE

July 16, 2013 State v. Headley, App. Div. A-4256-11T2 EFFECTIVE CRIMINAL DEFENSE LEGAL MALPRACTICE MOTION TO SUPPRESS INCULPATORY STATEMENT WITHOUT MIRANDA WARNINGS SHOULD BE SUPPRESSED!! July 12, 2013, the Appellate Division reversed and remanded the trial court and Law Division conviction of Junior A. Headley for possession of burglary tools. […] Read more »

Domestic Violence Criminal Trial Summary: 14-2-0489 State v. Raimondo, App. Div. Docket No. A-0369-11T3

In State v. Raimondo at the trial level, the defendant was convicted of third-degree terroristic threats, N.J.S.A. 2C:12-3a (count one); fourth-degree possession of an illegal butterfly knife and/or a switchblade, N.J.S.A.2C:39-3e (count two); a fourth-degree certain persons weapons offense, N.J.S.A.2C:39-7a (count three) and petty disorderly persons offense of harassment.  The […] Read more »

Denial of Due Process

On February  7, 2013, the New Jersey Appellate Division decided the case State v. Gibson  (Docket No. A-5163-10T2) and found that the municipal court erred by relying on evidence from a suppression hearing during defendant’s trial on the merits. By doing this, the defendant was denied his due process rights. […] Read more »

Failure to Obey a Legal Command

State v. Rue Not Reported in A.3d, 2013 WL 195520 (App. Div. 2013) Posted by: New Jersey Criminal Lawyer, Jeffery Hark On March 15, 2007, two officers were patrolling in a high crime area in Trenton. The officers saw an Oldsmobile stopped in a driveway and a person was leaning […] Read more »